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1. The Defendant’s KRW 3,490,517 as well as the Plaintiff’s annual rate of 5% from June 20, 2017 to July 20, 2017.
Reasons
1. Basic facts
A. The defendant is a company with the purpose of maintaining facilities and buildings, and building management business, such as parks, sports facilities, accommodation facilities, and building management business, and the plaintiff was employed as the defendant's employee from July 1990.
B. Article 151(1) of the Defendant’s Personnel Management Regulations provides that “If the month in which an employee reaches the retirement age falls between January and June, he/she shall be retired ipso facto from office on June 30, and if between July and December, on December 31, respectively.”
C. On December 30, 2015, the Defendant drafted a “agreement to improve the wage peak system” with the Defendant’s trade union on the operation of the retirement age provision under Article 46 of the collective agreement and Article 151 of the Personnel Regulations of the Defendant (hereinafter “instant attached agreement”) and the main contents are as follows.
1. The initial date in counting the retirement age under Article 46 of the collective agreement and Article 151 of the Personnel Regulations shall be based on the date of birth indicated in the resident registration certificate submitted by employees at the time of entry;
Provided, That where an employee revises the date of birth at the court three years before he/she reaches the retirement age based on the existing date of birth, the corrected date of birth shall be the initial date of retirement.
2. The period of application under paragraph (1) shall be the same as the date of enforcement of the improvement of the wage peak system, and the company in the future shall revise Article 151 of the Personnel Regulations in order to clarify the matters related to the initial date of retirement
On October 20, 2016, the Plaintiff was permitted by the Seoul Family Court to correct “B” recorded on the date of birth in the column for a specific registered matter in the Plaintiff’s family relation register as “CB” (No. 2016No. 1235), and accordingly, the date of birth on the Plaintiff’s certified copy of resident registration was corrected as “CB”.
E. However, on the ground that the correction of the Plaintiff’s date of birth was not three years before the date of the existing retirement age, the Defendant retired the Plaintiff as of December 31, 2016, the date of the previous retirement age.
F. The Plaintiff’s monthly wage of KRW 4,007,631 in 2016.